1998-08-17 - Village Board Regular Meeting - Minutes 10235
8/17/98
MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF
THE VILLAGE OF BUFFALO GROVE,HELD IN THE COUNCIL CHAMBERS
50 RAUPP BOULEVARD.BUFFALO GROVE.ILLINOIS ON MONDAY AUGUST 17. 1998
CALL TO ORDER
President Mathias called the meeting to order at 7:38 P.M. Those present stood and pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present:President Mathias;Trustees Marienthal,Reid,Rubin,Braiman,Hendricks
and Glover.
Also present were:Lee Szymborski,Acting Village Manager;William Raysa,Village Attorney;William Brimm,
Finance Director; Robert Pfeil,Village Planner;Richard Kuenkler,Village Engineer;Police Chief McCann;and
Joseph Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Glover,seconded by Marienthal,to approve the minutes of the August 3, 1998 Regular Meeting. Upon
roll call,Trustees voted as follows:
AYES: 3-Marienthal,Hendricks,Glover
NAYS: 0-None
ABSTAIN: 3-Reid,Rubin,Braiman
Motion declared carried.
WARRANT#868
Mr.Tenerelli read Warrant#868. Moved by Braiman,seconded by Glover,to approve Warrant#868 in the amount
of$2,175,077.61,authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover
NAYS: 0-None
Motion declared carried.
COMMUNITY SCHOLARSHIP WINNERS
President Mathias briefly explained the Village of Buffalo Grove/Workforce Development Council Community
Scholarship Program,after which he introduced Mary Pepperl of the Workforce Council.
Ms.Pepperl thanked President Mathias and the Village for their efforts in securing funding for these scholarships;
she presented a brief synopsis of the Workforce Development Council.
Each of the recipients of the scholarships was introduced and given a certificate by President Mathias,after which
each of them told of their plans for the scholarship and thanked the Village and the Council for the aid.
Scholarship winners were:David Katz,Julie Simon,Eugena Ginzburg,Christine Mah,Timothy Mah,Imran Mukati,
Jessica Popper,Grace Song,Beatrice Swanson and Vamsi Yadlapati.
Contributors to the scholarship fund were:First Midwest Bank,NA;Advantest America;Colfax Envelope Company;
Scarsdale Development Ltd.;Angus Chemical Company;LaSalle Bank NI;and Computer Discount Warehouse.
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PROCLAMATION-"SCHOOL'S OPEN SAFETY WEEK"CE DAY
President Mathias read a Proclamation declaring August 24-30, 1998 as"School's Open Safety Week"in Buffalo
Grove.
SEAT BELT ORDINANCE
A representative from the Illinois State Police,assigned to the Illinois State Police Tollway,presented a Certificate
of Commendation to the Village of Buffalo Grove in recognition of their being one of the first three communities in
the state to enact a primary seat belt violation ordinance.
Larry Wert,Chief of the Traffic Safety Division of the Illinois Department of Transportation presented an
Outstanding Achievement Award to the Village of Buffalo Grove for recognizing the lifesaving benefits of using
safety belts.
GOLF COURSE TEE TIMES
Trustee Rubin stated that a letter was received from a resident regarding tee times at the Village-owned golf courses,
and the fact that there is not a lottery for residents for tee times;he requested that staff put together a survey of park
district and municipal courses in the surrounding suburbs to fmd out what their policies are.
PUBLIC HEARING -WALSH PROPERTY
President Mathias reopened the Public Hearing,which had been continued from July 20, 1998,at 8:03 P.M.,
Mr. Szymborski recapped the status of this request,details of which are contained in Mr.Pfeil's memo to him of
August 6, 1998;he stated that staff recommendation is to continue this Public Hearing until September 14, 1998.
At 8:04 P.M.,President Mathias continued the Public Hearing until September 14, 1998.
PUBLIC HEARING-B-5 DISTRICT
President Mathias re-opened the Public Hearing,which had been continued from July 20, 1998,at 8:05 P.M.
Marc Schwartz,representing the petitioner,stated that the submittals which were requested have been made
substantially. He stated that every best effort has been made to submit all items,but there are still some minor
easement issues that are being worked out.
Mr. Szymborski summarized the Board direction at the last meeting,details of which are contained in Mr.Pfeil's
memo to Mr.Balling of August 6, 1998.
Trustee Reid asked for the status of the easement agreement. Mr.Raysa responded that it was received at 5:00 P.M.
today;three of the four exhibits are missing,but the concept is there;he explained the omissions. Trustee Reid
stated that he is disappointed that the materials were not received in a timely fashion;he fmds this unacceptable;he
does not think the documents should be accepted until Mr.Raysa has had an opportunity to receive all of the
documents that are necessary to review them.
Mr.Schwartz stated that the missing exhibits are merely mechanical exhibits that are in between offices and deal
with legal descriptions.
President Mathias polled the Board:"YES"indicates favor of proceeding with the Public Hearing;"NO"indicates
opposition:
YES: Rubin,Braiman
NO: Marienthal,Reid,Hendricks,Glover
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ONE TON TRUCK-Award of Bid
Motion to Award of Bid-One ton truck with plow attachment for the Public Works Department.
Upon roll call,Trustees voted as follows:
AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover
NAYS: 0-None
ABSENT: 1 -Hendricks
Motion declared carried.
ORDINANCE#98-54-CONGREGATION BETH AM
Moved by Rubin,seconded by Braiman,to pass Ordinance#98-54,approving the third amendment to the Seigle's
Plan Unit Development Ordinance,approving a preliminary plan and special use for Congregation Beth Am,225
North McHenry Road.
Marc Schwartz,representing the petitioner,introduced those persons present representing the petitioner,and made a
presentation to the Board on behalf of the petitioner,explaining the reasons for the petitioner's request.
Mr.Hedland,architect and land planner,went over the plan as it has evolved,showing the traffic circulation and
parking and showing how this site will work as Congregation Beth Am;he referred to Exhibit 1 -Existing Site
Configuration;Exhibit 2-Site Plan Improvements;Exhibit 3-Existing Uses Within The Building;Exhibit 4-
Proposed Uses Within The Building.
Mary Ann Shure,President of Congregation Beth Am,also reviewed the reasons that the Congregation wishes to
locate at this site,while presenting the benefits that the Village would gain by approving this request.
Rabbi Belgrade spoke briefly about the positive quality of life that the Congregation would contribute to the
community.
Mr. Schwartz related letters of approval from business,religious and school district leaders urging the Board to
approve this proposal.
Trustee Braiman stated that he is a member of Congregation Beth Am,but he is not an officer,and Mr.Raysa has
advised him that there is not a conflict of interest.
Beth Neudleman,289 Chicory,stated that she urges the Board to approve this proposal,because she believes that
Buffalo Grove needs another synagogue.
Plan Commissioner Trilling stated that he is a member of the Congregation and he recused himself from discussion
and voting at the Plan Commission meetings;he was a member of the design committee;he stated that most issues at
the Plan Commission related to traffic.
Trustee Reid stated that the Congregation has done a fine job,however,he still has the same concerns that he stated
earlier because of the small amount of commercial space available in the Village;he would welcome Congregation
�./ Beth Am into the community,but he is not comfortable with this site.
Trustee Hendricks agrees with Trustee Reid;he believes the Congregation would be a good neighbor and would
welcome them into the community in another location.
Trustee Rubin,as Vice President of the Chamber of Commerce,stated that they have had many discussions
regarding this site;the signage is poor and there is a lack of access;the amount of taxes that would be lost would be
small;he believes this proposal would be an asset to the community.
Trustee Braiman stated that Zoning Ordinance shows this is a permissible use;the parking is perfect for the needs of
the Congregation;there would be some food and beverage sales tax at Bar Mitzvah's;he asked Trustees to look at
the facts and vote in favor of this proposal.
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Trustee Reid stated that he is pleased that something is fmally being received from the petitioner,and he would
consider continuing the Public Hearing to give the attorney time to complete his review of the materials,for all of the
materials to be submitted,but to made perfectly clear and understood that if there are any further omissions at the
next Board meeting,the Public Hearing would be closed and the whole process would start over;he does not feel
comfortable proceeding at this time,and he would suggest continuing the Public Hearing until September 14, 1998.
Mr.Raysa stated that one requirement is Village approval of the drainage easement.
Trustee Braiman suggested that Mr.Raysa,Mr.Kuenkler and Mr. Schwartz meet to go over these items to ensure
that everything will be in order on September 14, 1998.
In answer to a question from President Mathias,Mr.Kuenkler stated that this drainage easement is necessary for
Walgreen's to proceed.
Mr. Schwartz reviewed the mechanics of creating this easement.
At 8:21 P.M.,President Mathias continued the Public Hearing until September 14, 1998.
OUESTIONS FROM THE AUDIENCE
President Mathias asked if there were any questions from the audience;there were none.
CONSENT AGENDA
President Mathias explained the Consent Agenda,stating that any items on the Consent Agenda may be removed by
a Board member or member of the audience for full discussion;there were no such requests. President Mathias read
a brief summary of each item on the Consent Agenda.
President Mathias voted Aye on Ordinance No. 98-53,Disposal of Surplus Property. Moved by Glover,seconded
by Braiman to approve the Consent Agenda.
ORDINANCE#98-51-Sign Code Variance
Motion to approve Ordinance#98-51,Granting a variance from Section 14.36.010 of the Buffalo Grove Sign Code
permitting installation of"For Lease"sign at 151 Hastings Drive.
ORDINANCE#98-52-Sign Code Variance
Motion to approve Ordinance#98-52,Granting a variance from Section 14.36.010 of the Buffalo Grove Sign Code
permitting installation of"For Lease"sign at 1081 Johnson Drive.
ORDINANCE#98-53-Disposal of Surplus Property
Motion to approve Ordinance#98-53,Authorizing the disposal of surplus Village Personal Property.
EXTENDED STAY AMERICA-Certificate of Initial Acceptance and Approval
Motion to approve a Certificate of Initial Acceptance and Approval-Extended Stay America.
WALGREENS-DIA
Motion to approve a revised Development Improvement Agreement-Walgreens Development,Lake Cook and
Buffalo Grove Roads.
WENDY'S RESTAURANT-DIA
Motion to approve a Development Improvement Agreement-Wendy's Restaurant,Illinois Highway 22.
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Trustee Glover stated that the main concern at the Plan Commission was parking and traffic,not wanting overflow
parking or traffic to spill over into the neighborhoods;she did not vote to send this to the Plan Commission and had
the same reservations as voiced by other Trustees;she went to the Plan Commission Public Hearing,and has decided
that she will support this proposal,but she wanted to make clear that,just because she is voting to remove some
commercial from the tax rolls,she does not intend to do this in the future.
Mr. Schwartz stated that the Congregation is working with the Town Center to address parking,and members will do
whatever is necessary to address any traffic problems.
In answer to a question from Trustee Marienthal,Mr. Schwartz stated that have not yet talked to the bank about
parking,but they will do so in the near future. Trustee Marienthal stated that he wants to see something in writing in
the as to a parking agreement with the Town Center;and he also wants the record to show that the Congregation will
use off-duty police officers when large volumes of traffic are expected.
Mr.Raysa suggested the following change to the PUD:Page 7,Paragraph J.3.,strike"and developer"and insert
"(with input from the developer)". Mr. Schwartz stated that change is acceptable to the petitioner.
Mr.Raysa confirmed that there would be a point of sale tax to the Village when a private caterer is involved;Mr.
Schwartz stated that is also acceptable to the petitioner.
Trustee Rubin accepted the above additions to the motion,and Trustee Braiman also accepted the changes.
Upon roll call,Trustees voted as follows on the amended motion:
AYES: 4-Marienthal,Rubin,Braiman,Glover
NAYS: 2-Reid,Hendricks
Motion declared carried.
President Mathias welcomed Congregation Beth Am to the Village of Buffalo Grove.
TOWN CENTER DRIVE-THRU RESTAURANT
Moved by Reid,seconded by Marienthal,to defer action on amending Section 17.44.060 of the Zoning Ordinance
pertaining to the B-5 Town Center District allowing for a restaurant drive-thru facilities for window service until the
September 14, 1998 Special Meeting. Upon roll call,Trustees voted as follows:
AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover
NAYS: 0-None
Motion declared carried.
STATUS REPORT-TIF RESTRUCTURING
Mr.Brimm presented an update on the Buffalo Grove Town Center TIF Restructuring Status,details of which are
contained in his memo to Mr. Szymborski of August 11, 1998.
l BURGER KING PROPOSAL-TOWN CENTER
�./ Marc Schwartz,representing the petitioner,asked that the Board hear the proposal from the petitioner,since the use
is allowed,and the amendment is only needed for the drive-thru,and refer to the Plan Commission,subject to fmal
approval of the amendment to the B-5 Town Center Ordinance on September 14, 1998.
Trustee Reid stated that this referral is based upon the presumption that everything will be in order on September 14,
1998. If they are not,he would suggest that the referral expire. Mr. Schwartz agreed to that condition.
Thomas Scesniak,representing BNB Land Venture,made a presentation to the Board with regard to the drive-thru
proposal;they will present a building that will be complementary to the Town Center.
Trustee Braiman asked that they look at more space in the drive-thru lane in the event that someone needs to exit
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same;he asked that they switch the drive-thru location so that it does not face the major road,or at least have
sufficient landscaping to hide the drive-thru;he also asked that language be put into the ordinance prohibiting
traditional semi-trailer/trucks from this location. Mr. Scesniak agreed to Trustee Braiman's requests.
Moved by Braiman,seconded by Hendricks,to conditionally refer the Burger King proposal at Buffalo Grove Town
Center,in accordance with comments made by the Board,to the Plan Commission for review.
Mr. Scesniak confirmed to Trustee Marienthal that they will work with the Village to see that lights do not shine into
` oncoming traffic,whether it be by berming or other methods.
V
Trustee Reid stated that the parking situation needs to be evaluated very carefully.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover
NAYS: 0-None
Motion declared carried.
EXECUTIVE MEETING
Moved by Braiman,seconded by Reid,to move to Executive Meeting to discuss Litigation. Upon roll call,Trustees
voted as follows:
AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover
NAYS: 0-None
Motion declared carried.
The Board moved to Executive Meeting at 9:48 P.M. At 10:10 P.M.,it was moved by Braiman and seconded by
Reid to return to the Regular Meeting. Upon voice vote,the motion was unanimously declared carried.
ADJOURNMENT
Moved by Reid,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried. The meeting was adjourned at 10:10 P.M.
03"1
.&114441►\iJanet M. Sirabian,Village Clerk
APPROVED BY ME THIS / D7#AY OF 4_ /i , 1998
Vill resident
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